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1991-03-04 CITY COUNCIL REGULAR MEETING MINUTES77 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PSi&---__,_ LAND, TEXAS, HELD ON MARCH 4, 1991, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of February 25, 1991, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger presented a proclamation entitled "Masonic Awareness Day" to local Masons and Walter High, representing the group, intro- duced fellow Lodge members in attendance with him. COUNCIL ACTIVITY REPORTS Councilmember Miller reported on the enjoyable dance held by the Senior Citizens on March 1st. Mr. Miller also reported he had re- ceived a complaint about the poor condition of S. Hatfield Road and in closing, he praised the progress of McLean Park. Councilmember Weber commented on benefit barbecue held on Saturday, City Manager DeShazer had visited cerns over the relocation of the able to allay her fears. the success of "Love from Home's" March 2. Mr. Weber reported he and with a citizen who expressed con - Country Club Bridge and they were At Mayor Coppinger's request, Councilmember Wolff commented on a recent Chamber of Commerce Infrastructure meeting he attended with County officials and Drainage District members where he introduced a map of the City and pointed out needed roads and bridges. Mr. Wolff stated the officials in attendance concurred with the need but ex- pressed that they would be unable to offer any financial assistance. Councilmember Wolff urged the City to find solutions for the needed thoroughfares. City Manager Jim DeShazer reported that the presentation by the 100 Club scheduled for this evening will be given at a future meeting. Mr. DeShazer related a roofing contractor had been obtained, with the help of Councilmember Smith, to repair the roof at the site of the old City Hall which now houses the Neighborhood Service Center. Some Mayor C. V. Coppinger Mayor Pro Tem/Councilmember Qt David S*8Pt Councilmember William Wolff `f7 D. A. Miller C,ounrq �N@}fiber Richard Tetens Councilmember, Randy Weber City Manager Tavdi' Die�14zer City Attorney_ Lester Rorick City Secretary Pat Jones -- -- INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of February 25, 1991, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger presented a proclamation entitled "Masonic Awareness Day" to local Masons and Walter High, representing the group, intro- duced fellow Lodge members in attendance with him. COUNCIL ACTIVITY REPORTS Councilmember Miller reported on the enjoyable dance held by the Senior Citizens on March 1st. Mr. Miller also reported he had re- ceived a complaint about the poor condition of S. Hatfield Road and in closing, he praised the progress of McLean Park. Councilmember Weber commented on benefit barbecue held on Saturday, City Manager DeShazer had visited cerns over the relocation of the able to allay her fears. the success of "Love from Home's" March 2. Mr. Weber reported he and with a citizen who expressed con - Country Club Bridge and they were At Mayor Coppinger's request, Councilmember Wolff commented on a recent Chamber of Commerce Infrastructure meeting he attended with County officials and Drainage District members where he introduced a map of the City and pointed out needed roads and bridges. Mr. Wolff stated the officials in attendance concurred with the need but ex- pressed that they would be unable to offer any financial assistance. Councilmember Wolff urged the City to find solutions for the needed thoroughfares. City Manager Jim DeShazer reported that the presentation by the 100 Club scheduled for this evening will be given at a future meeting. Mr. DeShazer related a roofing contractor had been obtained, with the help of Councilmember Smith, to repair the roof at the site of the old City Hall which now houses the Neighborhood Service Center. Some 78 repairs will be needed to the inside of the building, Mr. DeShazer said. In closing, City Manager DeShazer reported he and a Houston Lighting and Power representative had surveyed sections of the City for needed street lighting. MAYOR'S ACTIVITY REPORT (Continued) Mayor Coppinger called attention to a recent newspaper article con- cerning high speed chases and resulting liability of municipalities and asked for a report from the City Manager and Chief of Police on the City's policy. Next, Mayor Coppinger praised the City's tax collection rate and Barbara Lenamon, City Tax Assessor -Collector. Finally, Mayor Coppinger called the Council's attention to an ap- proaching subsidence conference and asked that the City be represented at this meeting. CITIZENS 1. Ms. Fay Hickey, 2438 S. Pearland. Ms. Hickey introduced photographs depicting the condition of S. Pearland and Pear Streets and asked the Council's help in getting her street repaired. Councilmember Smith stated, with the concurrence of Ronny McWhirter, Superintendent of Public Works, that a list of streets has been prepared for this year's street paving and resurfacing program and this area was on the list and would be taken care of soon. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 559-1, AMENDING ORDINANCE NO. 559, WHICH ESTABLISHED A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACATING STREETS, ALLEYS AND OTHER PUBLIC WAYS, FOR THE PURPOSE OF INCREASING THE ADMIN- ISTRATION FEE FROM $25.00 TO $100.00 Ordinance No. 559-1 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 559-1 be passed and approved on its second and final reading. Said Ordinance No. 559-1 reads in caption as follows: ORDINANCE NO. 559-1 AN ORDINANCE AMENDING ORDINANCE NO. 559 (ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACAT- ING STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PORTIONS THEREOF, ETC.) FOR THE PURPOSE OF INCREASING THE ADMIN- ISTRATION FEE FROM $25.00 TO $100.00, CONTAINING A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 456-3, ORDINANCE APPROVING AND AUTHORIZING CITY POLICY ON THE USE OF DRUGS AND ALCOHOL BY CITY EMPLOYEES AND JOB APPLICANTS "f Ordinance No. 456-3 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that Ordinance No. 456-3 be approved on its second and final reading. Said Ordinance No. 456-3 reads in caption as follows: ORDINANCE. NO. 456-3 AN ORDINANCE OF THE CITY OF PEARLAND APPROVING AND AUTHORIZING THE CITY OF PEARLAND POLICY ON THE USE OF DRUGS AND ALCOHOL BY CITY EMPLOYEES AND JOB APPLICANTS FOR CITY POSITIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; CONTAINING A REPEALER CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. .79 Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS AMENDED SCHEDULE OF EVENTS TO SELL $2,125,000.00 IN CERTIFICATES OF OBLIGATION AS PRESENTED BY FRANK ILDEBRANDO, RAUSCHER PIERCE REFSNES, INC. City Manager Jim De5hazer explained that minor changes had been made on the original schedule due to the change in Council meeting dates from March 11th to March 4th and asked for Council approval of these changes. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the amended schedule of events for the sale of Certificates of Obligation be approved. Motion passed 5 to 0. RESOLUTION NO. R91-10, RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION Resolution No. R91-10 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Resolution No. R91-10 be passed and approved on its first and only reading. Said Resolution No. R91-10 reads in caption as follows: RESOLUTION NO. R91-10 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTEN- TION TO ISSUE CERTIFICATES OF OBLIGATION. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. Certificate for Resolution and Resolution No. R91-10 read as follows: CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND We, the undersigned officers of the City of Peariand, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in special meeting on the 4th day of March, 1991, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary, to wit: so C. V. Coppinger David L. Smith, Jr. Richard F. Tetens D. A. Miller, Jr. William E. Wolff Randy K. Weber Pat Jones Mayor Councilmember Councilmember Councilmember Councilmember Councilmember City Secretary and all of said persons were present, except the following absentee(s): None, constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced .for the Aonstdoratton of the City Council and read in full. It was then duly moved and aeaonded that the Resolution be adopted; and, after due discussion, 64i.d mo- tion, carrying with it the adoption of the resolution, prevailed and carried by the fpllowing vote: AYES: All *fpmbers of the City Council shown present above voted "Aye." NAYS: None. 2. That a true, full and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the Resolution has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said meeting pertaining to the adoption of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour. place and subject of the aforesaid meeting, and that the ResolUti+'r would be introduced and considered for adoption at said meeting, Apo each of said officers and members consented, in advance, to the hold- ing of such meeting for such purpose; that said meeting was open to the public a3 required by law; and that public notice of the datef.,,,. hour, place and subject of said meeting was given as required by Vernon's Article 6252-17, as amended. SIGNED AYD SEALED this 4th day of March, 1991. /s/ Pat Jones /s/ C. V. Coppinger City Secretary Mayor (SEAL) RESOLUTION NO. R91-10 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE P -E INTINTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEX1 3 I COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the City of Pearland, Texas, (the "City"), deems it advisable to issue certificates of obligation of the City in accordance with the notice hereinafter set forth; Now, There-. fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and cor- rect. Ami Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law and in substan- tially the following form, a notice of intention to issue certificates of obligation: NOTICE OE INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the "City"), will meet at the City Hall, Pearland, Texas, at 7:30 P. M. on the 8th day of April, 1991, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxa- tion and a subordinate pledge of certain revenues of the City's water and sewer system, in the maximum aggregate principal amount of $2,125,000.00, bearing interest at any rate or rates, not to exceed the maximum interest now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebt- edness of the City for park improvements, construction of a Senior Citizens Building, and the acquisition of right-of-way for roads and drainage, and the cost of professional services incurred in connection therewith. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 4th day of March, 1991. /s/ Pat Jones City Secretary CITY OF PEARLAND, TEXAS (SEAL) Section 3. The notice set forth in Section 2 above shall be published in both English and Spanish once a week for two (2) consecu- --�.tive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least fifteen (15) days before the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such certificates of obligation. Section 4. The Mayor, City Secretary, and other officers and agents of the City are hereby designated and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. The NOTICE OF MEETING relating to this meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED this 4th day of March, 1991. jsj C. V. Coppinger Mayor CITY OF PEARLAND, TEXAS ATTEST: /s/ Pat Jones City Secretary CITY OF PEARLAND, TEXAS (SEAL) APPROVED AS TO FORM AND LEGALITY: /s/ Lester Rorick City Attorney CITY OF PEARLAND, TEXAS 82 ORDINANCE NO. 606, AMENDING THE CODE OF ORDINANCES AT CHAPTER 10, FIRE PREVENTION AND PROTECTION, FOR THE PURPOSE OF PROVIDING REGULATION OF HAZARDOUS MATERIALS AND CONTAINING A PENALTY FOR VIOLATION THEREOF City Manager Jim DeShazer called upon Fire Chief Larry Steed to com- ment on this ordinance. Chief Steed informed this amendment to Chapter 10 of the Code has been in the working stages for some time now, with many revisions and updates, and is now a true hazardous materials ordinance. Chief Steed asked for its approval. Ordinance No. 606 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Miller, that Ordinance No. 606 be passed and approved on its first reading. Said Ordinance No. 606 reads in caption as follows: ORDINANCE NO. 606 AN ORDINANCE AMENDING THE CODE OF ORDINANCES AT CHAPTER 10, FIRE PREVENTION AND PROTECTION, BY ADDING ARTICLE V, SECTIONS 10-91 THROUGH 10-106 FOR THE PURPOSE OF PROVIDING REGULATION OF HAZARDOUS MATERIALS, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. BID NO. B91-05, CONSTRUCTION OF A REINFORCED CONCRETE SIDEWALK ADJA- CENT TO LIBERTY DRIVE BETWEEN SHADYBEND AND MARY'S CREEK Council reviewed the following bid: COMPANY BASE BID ALTERNATE BID BID BOND 4' WIDTH 5' WIDTH A-1 GENERAL CONTRACTORS $28,548.00 $30,652.50 CASHIER'S CHECK City Manager DeShazer informed that this latest bid received on the sidewalk was only slightly lower than the first time Staff took bids on this project. City Manager DeShazer asked that Council reject this bid and Staff will attempt to build the sidewalk using City employees with some temporary help possibly being brought in. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Bid No. B91-05 be rejected and authorization given to Staff to proceed with construction of the sidewalk. ORDINANCE NO. 607, ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUS- TON LIGHTING AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE; DECLARING AN EMERGENCY DUE TO THE IMMEDIACY OF THE REQUISITE LEGISLATIVE ACTION City Manager DeShazer explained the Council had, by ordinance, sus- pended HL&P's request for a rate increase for ninety days at a previ- ous meeting. The City has joined with the coalition of cities with the City of Houston acting as negotiator. This ninety day deadline is near and Ordinance No. 607 is on the agenda at the request of the Coalition. We received a facsimile letter today, Mr. DeShazer in- formed, that stated an agreement with the power company had been reached. Ted Shannon, Regional Director for HL&P, explained his company had originally requested a 15% rate hike but the actual set- tlement agreed upon was nearer 9.2 or 9.3% - roughly 60% of the origi- nal request. He stated the negotiated settlement of $313 million is83 lower than what the Coalition intended to defend of $323 million but recommended Council approve this ordinance to expedite the settlement process. Ordinance No. 607 was read in caption by Councilmember Tetens. (First and only reading) It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Ordinance No. 607 be passed and approved on its first and only reading. Said Ordinance No. 607 reads in caption as follows: NO. 607 AN ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVER- ABILITY AND DECLARING AN EMERGENCY DUE TO THE IMMEDIACY OF THE REQUISITE LEGISLATIVE ACTION. Voting "Aye" - Councilmembers Wolff, Weber, Smith, and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to 1. APPOINTMENT OF MEMBER TO PLANNING AND ZONING COMMISSION It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Mr. Pat Courtin be appointed to the Planning and Zoning commis- sion to fill the unexpired term of Clyde Starns. Motion passed 5 to 0. "_01011)111 1 The meeting adjourned at 8:27 P. M. Mi utes appro ed as submitted and/or corrected A. D., 1991. ATTEST: City Secretary this day of